A lawsuit against Bungie over alleged copyright infringement in Destiny 2 has gained complexity after a federal judge denied Bungieâs motion to dismiss. The plaintiff, Matthew Kelsey Martineau, accuses Bungie of appropriating ideas from their work, including elements from Destiny 2âs Red Legion faction. Bungie's defense was weakened by the fact that many cited ideas no longer exist in a playable format due to the game's vaulting process, forcing the developer to rely on YouTube videos and wiki pages to argue their case, which the judge deemed unacceptable.
Many of the ideas Martineau cited as being accused of copyright, specifically Destiny 2's original Red War campaign and its Curse of Osiris campaign, haven't been playable for years.
Bungie cannot feasibly provide the Court with the original Destiny 2 game as it existed in 2017, including the accused 'Red War' and 'Curse of Osiris' campaigns, in any operable or reviewable form.
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